The former Managing Director of the Nigerian National Petroleum Corporation (NNPC), Engr Andrew Yakubu has asked a Federal High Court sitting in Kano to vacate the order of forfeiture it earlier granted federal government.
Yakubu wants the court to set aside the order and return the $9,772,800 and £74,000 belonging to him because the court made the order without jurisdiction.
Engr Yakubu, through his counsel, Mr Ahmed Raji (SAN), said the court lacked the territorial jurisdiction to entertain the matter being one related to a crime alleged to have been committed in Abuja, outside the territorial jurisdiction of this noble court.
In a motion on notice with suit number FHC/ICN/CS/24/2017, Raji argued that by Section 45 of the Federal High Court Act, an offence shall be tried only by a court exercising jurisdiction in the area or place where the offence was committed.
According to the lawyer, “No aspect of the perceived offence in respect of which the Order of 13th February, 2017 was made, was committed within the Kano judicial division of this Honourable Court”.
He said the Federal Government lacked the competence (locus standi) to seek the interim order of the court granted on 13th February, 2017.
“By Section 28 of the EFCC Act, only the commission, i.e. the EFCC has the vires to seek an Order for the interim forfeiture of property under the Act. The power of this Honourable Court to make interim forfeiture Order(s) pursuant to Sections 28 & 29 of the Economic and Financial Crimes Commission Act, 2004 (hereinafter “EFCC Act”) is applicable ONLY to alleged offences charged under the EFCC Act and not to offences cognizable under any other law.
“The ex-parte Order of this Honourable Court dated 13th February 2017, was made in respect of alleged offences under the Independent Corrupt Practices and other Related Offences Commission Act (hereinafter “ICPC Act”) and not the EFCC Act as prescribed by Section 28 & 29 thereof.
About Article Author
Latest Nigeria News
- Nigerians throng Twinkas, another Ponzi scheme despite losing billions to MMM
- Nigerian Senate Uncovers Fresh N10trn Fraud In NNPC
- 5 Things You Should Never Write On Your CV
- See Imo First Flyover Beautifully, Magnificently And Tastefully Completed (pics)
- Emmanuel Daniel Buzabeye 'Edaniels', A Visually Impaired Singer (Photos)
- Driver Allegedly Arrested For Refusing To Give Bribe To Policemen In Lagos. Photos
- Jimmy Carter Got Me My Green Card, I Never Applied For It - Wole Soyinka
- Fidel Castro dies aged 90
- Priest Who Marked Independence On Refuse Dump In Owerri Sent On Transfer
- See What Embattled Lawmaker Abdulmumin Jibrin Posted About The "Other Room". Photo
- The Moment An Elephant Rushed To Rescue Her "Drowning" Trainer From A River. Photos
- "Buhari?s, Wife?s Comments Was Taken Out Of Context" --says Rochas Okorocha
- Proud Farmer Wins Online Praises For His Massive Farm Produce In Imo - Photos
- See How A Truck Was Almost Swallowed In China After A Road Caved In. Photos
- Lady Who Cheated Death After Tragic Trailer Accident Narrates Her Ordeal - Photos
- Girl Who Tried To Take Selfie Near A Ferris Wheel Loses All Her Hair After Accident. Photos/Video
- Fatal Accident Leaves At Least Nine Dead In Osun State
- PHOTOS: Trailer And Bus Catch Fire In Mile 2, Lagos
- Custom Officers Shoot 4 Residents While Chasing A Smuggler In Badagry
- PHOTONEWS: Woman burnt to death while using phone in
- Sheriff: Factional PDP Chairman appoints his deputy
- Sack SGF for calling national confab “food for boys” – PDP Vice Chairman tells Buhari
- Niger Delta: Another deadly militant group emerges, threatens to shutdown oil facilities
- Disconnect us from your electricity – Hoteliers in Port Harcourt tell PHED
- Wike, security agencies demolish criminal den in Rivers state
- Kaduna State Police Command maps out strategy to curb crimes
- Strike: Ondo government, civil servants’ meeting end in another deadlock
- Osun Hijab drama: Christian, Muslims unions in war of words
- Governor Ikpeazu faults trial court ruling
- Forgery trial: I am witnessing as a Unity Forum member – Ojudu
- Kidnapping: IG orders immediate deployment of Special Forces to Kogi
- CBN to sack Chairmen, MDs of banks over financial statements
- Ikpeazu Files an Appeal Against Removal From Office
- Buhari Feasting With the Rich While His Supporters are Starving -BBOG Campaigner
- 254 Teachers Sue Wike to Court Over 5 Months Salary Arrears
- Niger Delta: US warns militants against violence
- Shehu Sani: Senator lectures Saraki, Ekweremadu on how to live in prison
- Niger Delta: New militant group emerges in Imo
- Argentina football legend Maradona pleads with Lionel Messi not to retire from international football
- See Faces Of The Senators Who Followed Saraki & Ekweremadu To Court Yesterday (WATCH)